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A. “Adult cabaret” means any commercial premises, including any cabaret premises, to which the public, patrons, or members are invited or admitted, and where an entertainer provides adult oriented entertainment, not constituting “adult entertainment,” as defined in Section 5.120.020 of this title, to any member of the public, patrons, or a member.

B. “Adult oriented entertainment” means:

1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

a. Human genitals in a state of sexual stimulation or arousal;

b. Acts of human masturbation, sexual intercourse or sodomy; or

c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or

2. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

C. “Applicant” means the individual or entity seeking an adult cabaret license in the city of Everett.

D. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult cabaret business, based on responsibility for management of the adult cabaret business.

E. “Clerk” means the city clerk of the city who is designated by the mayor as the licensing official under this chapter. It also includes his/her designee.

F. “Employee” means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services related to the operation of any cabaret.

G. “Entertainer” means any person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for such entertainment.

H. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

I. “Operator” means any person operating, conducting or maintaining an adult cabaret.

J. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.

K. “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a cabaret.

L. “Sexual conduct” means acts of (a) sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or (b) any penetration of the vagina or anus, however slight, by an object; or (c) any contact between persons involving the sex organs of one person and the mouth or anus of another; or (d) masturbation, manual or instrumental, of oneself or of one person by another, or (e) touching of the sex organs, female breasts, or anus, whether clothed or unclothed, of one person by another. (Ord. 2269-98 § 1, 1998.)